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GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
.... Md. Shahjahan Miah, 10 MLR (AD) 139 = 57 DLR (AD) 60; Mostak Hossain Chowdhury Vs. Hosne Ara Salam, 8 MLR (AD) 124; Md. Jashimuddin Vs. Mrs. Nurjahan Begum, 14 BLD 528; Mymensingh Arya Darma Gnan Proclaim Sava Vs. Rabindra Nayaan Paul, 56 DLR 47; Siddik Ali being dead his heirs Afia Rahman, Vs. Nur......ecords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......s rent for the building in another deed as security which would not be adjusted with the rent rather at the time of handing over possession, after the expiry of the tenancy period the entire security money would be refunded to the tenant. The said agreements also contended that at the time of hand..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....ssions Judge, First Court, Chittagong for trial. 6. Charge was framed under section 302 of the Penal Code against the condemned prisoner and read over to him to which he pleaded not guilty and claimed to be tried. During trial the prosecution examined as many as 12 (twelve) P.Ws. who were cro......assed by the High Court Division in Death Reference No.94 of 2005 with Criminal Appeal No.2686 of 2005 and Jail Appeal No.690 of 2005.) Judgment Muhammad Imman Ali J. - This jail petition for leave to appeal at the instance of the condemned petitioner Mohammad Selim is directed against t...... vegetables and grocery shop for the last 4/5 months and his shop was closed in 1999 for want of capital and earlier she lent Tk.13,000/- as capital. As the condemned petitioner was not returning the money on this and that plea there was strained relationship in between the condemned petitioner and ..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....le in favour of the complainant, executed two further instruments enabling transfer of the same property to other persons. He cannot now take the benefit of having entered into a void contract, as he claims, since he did so having full knowledge of the fact that there was a prohibition on sale of th......: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed b...... Penal Code and the allegations attract at least an offence under section 420 of the said Code. It was further observed that the fact that the bainapatra relates to agreement for sale of land and the money paid by the complainant may be recoverable in a civil suit that does not exempt the accused-pe..Category: Criminal Law | Date: | Hits: 90
....th the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant for disposal of the appeal are that the suit land was acquired by the Government vide LA Case No.41/3 of 1960-61. The plaintiffs claimed them to be co-sharers of the original owner from whom the land was acquired. It is the speci......is allowed.
Cases Referred to-
Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Banglades......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479...
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......titioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complai......n under section 256C of the Code of Criminal Procedure (the Code) praying for discharging him from the proceeding. In the said application the petitioner stated that the legal notice demanding cheque money was served on 12-6-2006 and the accused petitioner received the same on 24-6-2006. The complai..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....of 1977 but under legal advice both the Writ petitions were disposed of as not pressed. The petitioners father, however, continued to pay ground rent and tax to the Government and never abandoned his claim over the property and ultimately, he died on 12‑12‑1985 leaving behind the petitioner as h......ession of the case property treating the same as abandoned property. Since the property does not answer to the description of abandoned property, the government is required to take all possible steps for restoration of possession of the case property to the petitioner.............................(5)...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..Category: Property Law | Date: | Hits: 106
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....at she voluntarily took LPR on 28-2-2007 and she placed her bill along with service book before the accused for preparing papers and documents for pension and lump grants on 28-2-2007 and the accused claimed Taka 10,000 but the informant refused to give bribe and as such the accused kept the papers ......7 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 13-3-2007 at 17-15 hours the informant Anzuara Begum, a retired Assistant Nurse of health Complex, Hakimpur, District Dinajpur, l......covered Taka 5,000 from the waste paper basket which was in the room of the accused petitioner. Apart from the informant, admittedly there is no eye witness of claiming bribe and receiving a sum of money from the informant. In the present case it appears that the factum of recovery has not been ..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claiming themselves to be co-sharers to the case holding by inheritance. In the said Miscellaneous......Advocates - For Opposite Parties. Civil Revision No.4874 of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under se......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....chase right of the petitioner including the right, title and possession of the degree-holder party has been extinguished and, as such, the petitioner has no subsisting interest conveying any right to claim pre-emption in the case land. It is also the specific case of the pre-emptee that he purchased......pre‑emptors case that P.W.2 Dilal Ahmed upon receipt of summons in a partition suit being TS No.251 of 1969 instituted by the opposite party No.1 came to know of the impugned transfer and then he informed about it to the pre‑emptor on 1‑1‑1970. As an unnotified co-sharer after obtaining the ......o-sharer after obtaining the certified copy of the kabala pre-emptor came to know of the aforesaid transfer on 24‑3‑1970 definitely and filed the case depositing the proportionate consideration money of the case land along with statutory compensation. 3. The opposite party No.1 as pre-empte..Category: Property Law | Date: | Hits: 132
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......sons, Dhaka Central Jail and Deputy Inspector General of Prisons, Rajshahi Central Jail, to show cause why they shall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in cus......e visitors who had gone there to visit the prisoners. Like the other grounds, in this ground also no particular has been given as to what amount, on what date or dates, in what manner and to whom the money was paid. This ground also, therefore, suffers from similar vagueness. 14. In the fourth..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....f the writ petition. From the above it appears to us that the petitioner and six others have already written to the National Board of Revenue, respondent No.2 that if they are absorbed, they will not claim their seniority above the existing officers of the same cadre. Rather they will accept the sen......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......he petition. It is submitted that the petitioner became a ‘surplus public servant’ after the abolition of his post by the Government for the purpose of administrative rearrangement to save public money, in accordance with section 2(e) of the Surplus Public Servants Absorption Ordinance, 1985. Th..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
..... Subsequently out of this amount the assessee purchased shares of Tk. 8,00,000/- from M/s. Alam Industries Ltd. for which he has submitted Memorandum of Association which is examined. The assessee claimed exemption of net capital gain under section 32 (8) of the Income Tax Ordinance, 1984. The as...... 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certificate to respondent No.1, the Deputy Commissioner of Taxes, Taxes C......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.................A person who receives property in a fiduciary capacity must deal with the property according to the terms of the arrangement or trust. He cannot dispose of the property as he likes and claim to account for it at some later stage. However, the cases may be regarded as rightly decided, ......ni P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often.......ecision to do the business of N.O.C.-visa. Accused subsequently said in Qatar that he had arranged for one N.O.C. permit and to complete formalities of the permit he wanted to have a loan of some money from the complainant but the complainant expressed his inability. The cunning accused on 30...Category: Criminal Law | Date: | Hits: 362
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit property at the instance of the defendant No.11.
2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the petitioners, as p......n at a price of Tk.1250/- and on receipt of Tk.1000/- executed a bainapatra on 7th Aswin 1372 B.S. with the stipulation that they execute and register a kabala on receipt of balance consideration money of Tk.250/-. Mono Ranjan Das and Bipin Chandra Das sold .44 decimals of land to Jainal Abedin ..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....or to enter into the reference and arbitrate the matter in accordance with law. Thereafter, the sole Arbitrator entered into the reference and issued notices upon the parties to file their respective claims and objections along with relevant papers by 6-4-2003. Both the parties appeared before the......to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......persons. The purchaser respondent was also allowed to obtain clearance certificate from the RAJUK and get the plan approved and sale/allot the aforementioned spaces to various customers and receive money for the said purpose from the aspirant customers. The seller appellants under the said agree..Category: Alternative Dispute Resolution | Date: | Hits: 251
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....‑appellants submits that the 1st appellate Court acted illegally in reversing the judgment without assigning sufficient and cogent reasons, that trial Court, by cogent reason decreed the plaintiffs claim for declaration of title and confirmation of possession. It is further submitted that the lear......y Additional District Judge, Faridpur in Title Appeal No. 323 of 1969 reversing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc......t the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali Vide Ext. ‘A’ is an inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted upon and that Roushan Ali continued to..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....top the poll and such adjourned poll shall be held after fixing a date, place and time where such polls shall take place. 9. Further Rule 45 of the said Rules provides "The petitioner may claim as relief any of the following declarations‑ (a) that the election of any returned can......claring the petitioner as elected Chairman of No.3, Mirzapur Union Parishad, Hathazari, Chittagong in place of opposite party No.1 Mohammad Zulfiqar. 2. The petitioner’s case is that election for the post of Chairman of No.3 Mirzapur Union Parishad of Hathazari Upazila, Chittagong, was held ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ..Category: Election Law | Date: | Hits: 240
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... J.- This reference being Death Reference No.40 of 1991 has been submitted under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Manikganj in Sessions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been......e of occurrence her mother Latifa Begum, brother and sister, mama and Nani were all present. She denied the suggestion that on the night there was a dacoity in the house and as they could not pay any money to the dacoits, the decoits caused the injuries by inflicting dao kopes. She denied the sugges..Category: Criminal Law | Date: | Hits: 125
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
.... taken to admit the allegations in the plaint, but he is entitled to appear and submit any argument open to him on the plaint; for instance that the plaint discloses no cause of action, or that the claim is time barred." Needless to mention that a party was not bound to put in a written statemen......rd Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., a company incorp......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..Category: Procedural Law | Date: | Hits: 180
....ants forcibly dispossessed him therefrom in the last part of Kartick, 1375 B.S. and erected thatched huts thereon.
3. Defendant No.1 contested the suit by filing written statement. He denied the claim of the plaintiff and asserted that he had been in possession of the-property for the last 30 y......ioners.
Md. Nizamul Huq, Advocate - For the Opposite Party No.1 (a).
Civil Revision No. 444 of 1970.
(In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8...
Category: Property Law | Date: | Hits: 119
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